Page 25 of Cruel As A Tree (Chaos God Sugar and Spice Companion Shorts #4)
Any merger, acquisition, or corporate restructuring intended to evade or dilute the obligations set forth in these Terms is prohibited.
The Author reserves the right to challenge any such transaction in court, and any attempt to use a corporate reorganization as a means to avoid compliance shall be deemed a material breach of these Terms.
11.5 Notice of Corporate Changes.
The Owner/Operator shall promptly notify the Author of any merger, acquisition, restructuring, or other corporate change that results in a change of control or the transfer of rights or obligations under these Terms. Such notice shall be provided in writing within 15 days of the corporate change.
11.6 Effect on Third-Party Enforcement Rights.
The rights and remedies of Third-Party Beneficiaries under Section 12 shall survive any assignment or transfer of rights under these Terms, and any successor or assignee shall be subject to enforcement actions by such beneficiaries.
12. Third-Party Enforcement Rights
12.1 Intended Third-Party Beneficiaries.
The Author expressly designates any recognized Local UBI Fund and its natural, living human beneficiaries, as well as any UBI-focused nonprofit organizations—including, but not limited to, Basic Income Earth Network—as intended and independent beneficiaries of these Terms (collectively, “Third-Party Beneficiaries”), with full rights to enforce all obligations imposed herein.
12.2 Independent Standing to Enforce.
Each Third-Party Beneficiary shall have the right, independent of the Author, to bring legal actions to enforce these Terms in any competent court.
Such enforcement actions may be brought individually or as a class action in the jurisdiction where the beneficiary resides, where the harm is experienced, or in any jurisdiction with proper authority.
12.3 Cumulative and Non-Exclusive Rights.
The enforcement rights of Third-Party Beneficiaries are cumulative and non-exclusive. Nothing in these Terms shall limit or diminish any rights or remedies available to a Third- Party Beneficiary, and multiple beneficiaries may enforce these Terms concurrently.
12.4 Local and International Enforcement.
Third-Party Beneficiaries may pursue enforcement of these Terms in their local jurisdictions. Any judgment or order obtained by a Third-Party Beneficiary shall be recognized and enforced internationally, and the Owner/Operator hereby consents to such enforcement.
12.5 Recovery of Enforcement Costs.
In any enforcement action initiated by a Third-Party Beneficiary, the Owner/Operator shall be liable for all reasonable costs incurred by the beneficiary in enforcing these Terms, including attorney’s fees, court costs, and third-party audit expenses.
12.6 Obligation to Cooperate.
The Owner/Operator agrees to cooperate fully with any enforcement action initiated by a Third-Party Beneficiary, including providing access to all necessary records, data, and other information to verify compliance with these Terms.
13. Entire Agreement
13.1 Complete Integration.
These Terms, together with any incorporated documents—including notices, front matter statements, and any referenced licensing policies—constitute the entire agreement between the Parties regarding the use of the Book’s content in AI systems. All prior and contemporaneous negotiations, representations, understandings, or agreements, whether oral or written, are hereby superseded.
13.2 Non-Negotiable Obligations.
The obligations set forth herein, including but not limited to the Public Service Contribution (PSC) requirements, are mandatory and non-negotiable. No course of dealing, subsequent performance, or prior usage shall modify or diminish these obligations.
13.3 No Implied Waivers.
Except as expressly provided herein, no waiver, amendment, modification, or oral agreement shall alter or supplement these Terms. Any such changes must be made in writing and signed by both Parties.
13.4 Multiple Instruments.
In the event that an AI system incorporates content from multiple Books that include these or similar Terms, each individual license is deemed to be part of an integrated, cumulative agreement.
Notwithstanding, the aggregate obligations for any given AI system shall be enforced in accordance with the terms set forth herein, including any aggregate caps and adjustment provisions.
13.5 Priority and Precedence.
In the event of any conflict between these Terms and any other licensing or usage agreements relating to the Book’s content, these Terms shall prevail, ensuring the public benefit objective of funding UBI is maintained.
14. Miscellaneous
14.1 Priority of These Terms.
In the event that the Book is subject to any other licensing or usage terms, these Terms shall prevail with respect to any use of the Book’s content in AI systems. No other agreement shall delay or impede the enforcement of these Terms.
14.2 Amendments.
These Terms may only be amended or modified by a written instrument signed by both Parties.
Notwithstanding any future legal or regulatory changes, the Parties agree that any necessary modifications will be executed promptly and in good faith to maintain the public benefit objectives without impeding enforcement.
14.3 Severability.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed or severed without affecting the enforceability of the remaining provisions, which shall continue in full force and effect.
14.4 Time is of the Essence.
Time is of the essence with respect to the performance of all obligations under these Terms. Any failure to act promptly shall not be construed as a waiver of any rights or remedies available under these Terms.
14.5 Cumulative and Aggregate Obligations.
(a) If an AI system incorporates content from multiple Books that include these or similar Terms, the obligations imposed by each individual license shall be cumulative and independent, yet the aggregate Public Service Contribution (PSC) obligation shall not exceed fifty percent (50%) of the AI system’s total Revenue.
(b) In the event that multiple Authors claim a right to PSC from the same AI system, the respective PSC contributions shall be apportioned on a pro rata basis or as otherwise agreed between the Parties so that the total remitted into Local UBI Funds does not exceed 50% of the AI system’s Revenue.
(c) Each Author retains the right to enforce their respective portion of these Terms independently, without prejudice to the aggregate cap.
14.6 Non-Interference.
The obligations imposed by these Terms shall be non-exclusive and shall not be waived or diminished by any other licensing or usage terms applicable to the Book’s content, whether concurrently or subsequently imposed.
14.7 Adjustment for Harmful Use.
(a) Notwithstanding Section 14.5, if evidence shows that the remaining revenue—the portion not remitted as PSC—is used, either directly or through inaction, in a manner that causes Harm (as defined below), the aggregate PSC obligation may be increased beyond 50% of the AI system’s Revenue.
(b) For the purposes of this Section, “Harm” shall mean any adverse impact—including physical injury, economic loss, environmental damage, or any other negative effect on natural, living Humans—that arises from the use, diversion, or neglect of revenue not allocated to PSC.
(c) Upon a credible showing of Harm, an independent adjudicator, mediator, or competent court may determine that the PSC obligation shall be increased by an amount proportional to the degree of Harm caused, up to a maximum of 100% of the AI system’s Revenue.
(d) The process for such determination shall be conducted expeditiously, using established standards of evidence and public policy, and any adjustment shall be binding upon the Owner/Operator.
14.8 Precedence and Irrevocability Clause:
Notwithstanding any current, prior, or future modifications, amendments, or changes to any online publisher’s or third-party distributor’s terms of service, policies, or contractual agreements, any provisions that do not expressly, unambiguously, and in clear specific language authorize the use of the Book’s content for AI data mining, training, analysis, or any related machine-learning purposes shall not be deemed to have precedence over the AI and Machine Learning License Terms set forth herein.
The AI and Machine Learning License Terms contained in this Book are irrevocable and shall remain in full force and effect with respect to any use of the Book’s content for AI-related purposes, regardless of any conflicting provisions contained in any prior or subsequent terms or agreements.
Any attempt by any party to rely on any terms or clauses—whether from earlier or later versions of their service agreements—that do not explicitly allow for such AI usage shall be considered null and void with respect to any AI training, analysis, or related applications.
14.9 Effective Date and Survival: This Precedence and Irrevocability Clause is effective as of the Book’s publication date and shall survive any termination, amendment, or modification of any other agreement or terms of service.
END OF SECTION X
For questions or to request a separate AI Training License, please contact Deiri Di at [email protected].